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2026 Supreme(Online)(Ker) 21612

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
K.K.JOSEPH – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RAHUL SASI, SMT.NEETHU PREM, SHRI.VIVEK.P.K
For the Respondents: SRI.P.G.JAYASHANKAR, SMT.P.K.RESHMA (KALARICKAL)

Table of Content
1. claim for compensation following a traffic accident. (Para 1 , 2 , 3)
2. court confirms tribunal's assessment of compensation. (Para 4)

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1085 of 2017 on the file of the Motor Accidents Claims Tribunal, Ernakulam, claiming enhancement of compensation. The respondent herein is the 2nd respondent before the tribunal.

2. According to the claimant, on 18.12.2016, while the claimant was riding a scooter bearing Reg.No.KL-07 BW 7803 through Thevara-Kundannoor road, an omni van bearing Reg.No.KL-39 8422 driven by the 1st respondent in a rash and negligent manner hit against the scooter and thus the claimant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹61,59,000/- which was limited to ₹50,00,000/-.

3. The first respondent/owner-cum-driver of the offending vehicle filed a written statement contending that the accident occurred due to the negligence of the rider of the scooter/claimant. It is further contended that he was having a valid driving licence and the vehicle was insured with the 2nd respondent. The second respondent/insurer filed a written statement, admitting the

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